Again in August, I had two very lengthy posts in regards to the Fifth Circuit’s exceptional resolution in United States v. Smith on geofence warrants, which dominated not solely that geofencing requires a warrant however that geofencing warrants are categorically unconstitutional. I had this put up strongly criticizing the choice on August 13, and this follow-up debate with the ACLU on August sixteenth.
I believed I might flag that this week the Justice Division filed its petition for rehearing. It begins:
The U.S. Lawyer’s Workplace for the Northern District of Mississippi seeks rehearing en banc as a result of the panel’s resolution conflicts with the selections of a number of different courts of appeals, misreads relevant Supreme Courtroom precedent, and presents far-reaching implications that would prohibit the federal government’s use of essential investigative methods. Each different U.S. Lawyer’s Workplace within the Fifth Circuit joins this petition.
As you may guess from my earlier posts, I hope rehearing en banc is granted. As all the time, keep tuned.
